Public Service Regulations (Amendment)

Overview

The Public Service Regulations (Amendment) 1983, issued under the authority of the Public Service Board, addresses a specific need within the Australian public service framework. Enacted in the year 1983, this statutory rule was introduced to amend the Public Service Regulations to better align with the contemporary requirements of public service officers and employees, particularly those in remote areas facing high domestic electricity charges. The amendment reflects a shift in policy, where a regulation previously providing an allowance for such officers and employees was repealed and replaced by a determination made by the Public Service Board under section 82D of the Public Service Act. This change was necessary to ensure that the regulatory framework remains effective and relevant, addressing the practical challenges faced by public service personnel. The objective of the amendment, as outlined in the explanatory statement, was to streamline the regulatory process while maintaining support for those public service employees who incur higher living costs due to geographical constraints. The statutory rules were enacted by the Public Service Board with the approval of the Governor-General, ensuring that the changes were made in accordance with the Public Service Act 1922 and the Acts Interpretation Act 1901. The repeal of regulation 97C and its replacement with a Board determination signifies a policy shift aimed at providing a more flexible and responsive mechanism for addressing the specific needs of public service employees in remote locations.

Scope and Application

The Public Service Regulations (Amendment) Statutory Rules 1983 pertain to the amendment of existing regulations under the Public Service Act 1922, which applies to officers and employees within the Australian Public Service. These amendments specifically address the repeal of regulation 97C, which previously allowed for the payment of an allowance to officers and employees facing high domestic electricity charges, typically those working in remote areas. This repeal is consequential to a determination made by the Public Service Board under section 82D of the Public Service Act, which came into effect upon the repeal of the regulation. The jurisdictional reach of these regulations is inherently limited to the Commonwealth level, as they are issued with the authority of the Public Service Board and approved by the Governor-General. The rules do not explicitly state any exclusions, exemptions, or thresholds; however, they do clarify that the power to make and repeal regulations extends to all matters necessary or convenient for carrying out the Public Service Act, unless otherwise specified.

Key Provisions

The primary operative sections of the statutory rules (Statutory Rules 1983 No 35) pertain to the amendment of the Public Service Regulations. Specifically, these rules address the repeal of regulation 97C (subsection 97(1) of the Public Service Act 1922). Regulation 97C originally provided for the payment of an allowance to officers and employees who faced high domestic electricity charges, typically those in remote areas. This regulation has been repealed and replaced with a determination issued by the Public Service Board (No. 3 of 1983) under section 82D of the Public Service Act. The determination, which contains similar wording to the repealed regulation, came into effect on the day the regulation was repealed. These statutory rules impose certain obligations and requirements on public service officers and employees, particularly those in remote areas facing high domestic electricity charges. The repeal of regulation 97C and its replacement with the Board’s determination necessitates that relevant officers and employees now look to the determination for the specifics of any allowances they may be entitled to. The determination outlines the criteria and processes for claiming these allowances, ensuring that the necessary support is provided to those in need. The Board’s determination also requires adherence to the new regulatory framework, which includes any updates or changes specified within the determination itself. Under the amended regulations, there are specific consequences for any breach of the provisions outlined in the Public Service Act 1922 or the new determination. Although the statutory rules themselves do not explicitly state penalties, any breach of the Public Service Act or non-compliance with the Board’s determination could result in disciplinary action, as per the Act. Such actions might include warnings, fines, or other penalties as deemed appropriate by the Public Service Board. The specific consequences for non-compliance would depend on the severity and nature of the breach, as well as the internal policies of the relevant public service department.